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Competition versus cooperation – new approaches on the energy market considering aspects of competition law

Author

Listed:
  • Adrian Dumitru Tantau

    (Bucharest University of Economic Studies, Bucharest, Romania)

  • Ana-Maria Iulia Santa

    (Bucharest University of Economic Studies, Doctoral School of Business Administration, Bucharest, Romania; University of Vienna, Faculty of Law, Vienna, Austria)

Abstract

The common energy policy of the European Union is a current topic on the agenda of European institutions, reflected in package “Clean Energy for All Europeans”, proposed by the European Commission. Despite several harmonization attempts, the consensus needed for a common policy and for an Energy Union has not been reached yet. One possible element why we still do not have a common energy market is the lack of competition in the energy sector. In this context, the present research paper analyzes to what extent competition can be a key-factor in ensuring the modernization of the energy sector. Aspects of competition law which are relevant for building a common energy market are highlighted in the present research paper. Furthermore, the present article raises the question how important cooperation is, searching the proper balance between competition and cooperation. The present article uses an interdisciplinary research method, combining the analysis of primary and secondary European law, of legal instruments and provisions, considering the teleological method, with the assessment from a business and economics point of view. Case law and case studies from Member States of the European Union provide best practice models for the energy sector and present an international comparative perspective.

Suggested Citation

  • Adrian Dumitru Tantau & Ana-Maria Iulia Santa, 2018. "Competition versus cooperation – new approaches on the energy market considering aspects of competition law," Juridical Tribune - Review of Comparative and International Law, Bucharest Academy of Economic Studies, vol. 8(3), pages 697-704, December.
    • Handle: RePEc:asr:journl:v:8:y:2018:i:3:p:697-704
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    References listed on IDEAS

    as
    1. Mastropietro, Paolo & Rodilla, Pablo & Batlle, Carlos, 2015. "National capacity mechanisms in the European internal energy market: Opening the doors to neighbours," Energy Policy, Elsevier, vol. 82(C), pages 38-47.
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    More about this item

    Keywords

    competition; cooperation; energy market; competition law; clean energy; Energy Union.;
    All these keywords.

    JEL classification:

    • K21 - Law and Economics - - Regulation and Business Law - - - Antitrust Law
    • K22 - Law and Economics - - Regulation and Business Law - - - Business and Securities Law
    • K32 - Law and Economics - - Other Substantive Areas of Law - - - Energy, Environmental, Health, and Safety Law
    • K33 - Law and Economics - - Other Substantive Areas of Law - - - International Law

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